Prison and future Alimony

I called the police on my husband for shooting up a few rooms in our house with his BB gun and then he got his pellet gun out. I called the police, after a police officer arrived at our house, I motioned the officer to where I was waiting on the front porch, my husband shot his shotgun outside off the back deck. Back up was called and he was arrested for assault w/deadly weapon/law enforcement officer. (He was very drunk)
My question is…if he is sent to prison, can I file for alimony when he is released from prison? He has a great job but of course will lose it until he is released and goes back to work. I am the dependent spouse with a disability.

Yes, you can still file for alimony if you are the dependent spouse and he is and has been the supporting spouse. The issue for the judge will be whether or not he has the ability to pay.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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